My wife has a 10 years green card, can she file a petition for me?

[Vinh Le 0]

Hello everyone, please help!

Me and my wife just got married, and we have obtained a certificate of marriage from the state Massachusetts.

My wife currently has a 10 years green card and she is filing the N400 form now, hopefully she can get neutralized this year.

Should we file a petition now or should we wait for my wife to obtain her citizenship?

Kind regards,

Vinh

 

[Chancy 6,243]

1 minute ago, Vinh Le said:

Should we file a petition now or should we wait for my wife to obtain her citizenship?

 

What visa did you use to enter the US?  Do you have legal immigration status here?  If so, when does your I-94 expire?

 

[Vinh Le 0]

6 minutes ago, Chancy said:

 

What visa did you use to enter the US?  Do you have legal immigration status here?  If so, when does your I-94 expire?

 

I entered the US with a F1 visa, and I still have an active status till January 10th 2023. I have had about 10 years of F1 status, going to highschool and colleges here in the US

Edited January 26, 2022 by Vinh Le

[Chancy 6,243]

Just now, Vinh Le said:

I entered the US with a F1 visa, and I still have an active status till January 10th 2023. 

 

Thanks for the info.  You and your wife should go ahead and file your I-130/I-485 package (also I-765 & I-131) asap.  No benefit to delaying until your wife gains citizenship.

 

[Vinh Le 0]

10 minutes ago, Chancy said:

 

Thanks for the info.  You and your wife should go ahead and file your I-130/I-485 package (also I-765 & I-131) asap.  No benefit to delaying until your wife gains citizenship.

 

Thank you Chancy so much, I really appreciate your help. I am really overwhelmed with the process, it's good to talk someone

[JeanneAdil 6,638]

Here’s the general rule. If you want to adjust your status, you need to be in valid immigration status at the time of your adjustment. In a situation like this, he would need to maintain his  student status throughout the time the green card case is pending. The reason for this is that there’s a backlog on the processing of green card cases for the spouses of green card holders.

 

from https://hackinglawpractice.com/blog/can-my-spouse-adjust-if-i-am-an-lpr/

[Chancy 6,243]

Just now, Vinh Le said:

Thank you Chancy so much, I really appreciate your help. I am really overwhelmed with the process, it's good to talk someone

 

You're welcome!  Feel free to read VJ's immigration guides (click on the blue menu bar at the top of this page) and ask any specific questions you may have in this forum.

 

[Vinh Le 0]

6 minutes ago, JeanneAdil said:

Here’s the general rule. If you want to adjust your status, you need to be in valid immigration status at the time of your adjustment. In a situation like this, he would need to maintain his  student status throughout the time the green card case is pending. The reason for this is that there’s a backlog on the processing of green card cases for the spouses of green card holders.

 

from https://hackinglawpractice.com/blog/can-my-spouse-adjust-if-i-am-an-lpr/

Thank you so much Jeanne, so what are you saying is that I should wait till my wife gain citizenship? How long does the neutralization process takes based on your experiences? 

7 minutes ago, JeanneAdil said:

Here’s the general rule. If you want to adjust your status, you need to be in valid immigration status at the time of your adjustment. In a situation like this, he would need to maintain his  student status throughout the time the green card case is pending. The reason for this is that there’s a backlog on the processing of green card cases for the spouses of green card holders.

 

from https://hackinglawpractice.com/blog/can-my-spouse-adjust-if-i-am-an-lpr/

 

3 minutes ago, Chancy said:

 

You're welcome!  Feel free to read VJ's immigration guides (click on the blue menu bar at the top of this page) and ask any specific questions you may have in this forum.

 

Chancy, what do you think about the information Jeanne has provided above? I only have about a year of active status remaining

[powerpuff 6,748]

Just now, Vinh Le said:

How long does the neutralization process takes based on your experiences? 

Naturalization is taking 16+ months right now. There are huge backlogs currently. You’re better off applying now for AOS

[Vinh Le 0]

7 minutes ago, powerpuff said:

Naturalization is taking 16+ months right now. There are huge backlogs currently. You’re better off applying now for AOS

Wow!! How long have you been pending for AOS?

[powerpuff 6,748]

5 minutes ago, Vinh Le said:

Wow!! How long have you been pending for AOS?

6 months. You can see my timeline for details 

[Chancy 6,243]

2 minutes ago, Vinh Le said:

Chancy, what do you think about the information Jeanne has provided above? I only have about a year of active status remaining

 

If you have continuously maintained your legal status since entering the US and adhered to the terms of your F1 student visa, you may file for AOS now as a spouse of an LPR.  No need to wait.

 

For your reference, here's a page from the official USCIS website with examples of status/visa violations that hopefully do not match your situation -- https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-4

 

[Mike E 11,742]

@Vinh Le because your wife is a green card holder and not a citizen, it is critical that you maintain your F-1 status for as long as possible.  
 

Sometimes people in your position file I-485, wait for the I-485 receipt, and then let their status (F-1 or B-2 usually) lapse.  Then tragically the the I-485 gets rejected.

 

I read a recent case of where the I-485 receipt was received and then USCIS claimed the cashiers check for the fee was rejected by the bank.
 

The beneficiary is now out of status and over stayed. This is a bad situation.  
 

The other common cause of I-485 rejection is I-864 being rejected.  Does your wife earn enough money now and has she done so for the past three years? Did she file tax returns. Consider the 125 percent poverty limit as necessary but often not sufficient.  
 

Pay by personal check and at the very least do not end F-1 status until you get both the I-485 receipt and confirmation that the check was cleared.  
 

In summary, I-485 cases on the basis of marriage to an LPR bring danger in inverse proportion to length of authorized stay.  

[Timona 4,208]

1 hour ago, Vinh Le said:

I entered the US with a F1 visa, and I still have an active status till January 10th 2023. I have had about 10 years of F1 status, going to highschool and colleges here in the US

 

Since your status is active, follow what @Chancy said. You don't need to wait for her to become USC. F2A (spouse of LPR) is current as we speak so you can file all papers together as though your wife is a USC. 

Edited January 26, 2022 by Timona

[iwannaplay54 985]

13 hours ago, powerpuff said:

Naturalization is taking 16+ months right now. There are huge backlogs currently. You’re better off applying now for AOS

They said 16+ but we filed in March and swore in last month.  In Houston at that and the Houston office stays backed up.